The Peterhead Port Authority Harbour Revision Order 2026

Made: 1st April 2026

Coming into force: 2nd April 2026

The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by sections section 14(1), (2A) and (3) of the Harbours Act 1964[^f00001] and all other powers enabling them to do so.

In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in schedule 2 of that Act[^f00002].

In accordance with section 14(2) of that Act— this Order is made following a written application to the Ministers by Peterhead Port Authority (“the Authority”), being the authority engaged in improving, maintaining or managing the harbour, and the Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance, or management of the harbour in an efficient and economical manner, or of facilitating the efficient and economic transport of goods by sea.

this Order is made following a written application to the Ministers by Peterhead Port Authority (“the Authority”), being the authority engaged in improving, maintaining or managing the harbour, and

the Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance, or management of the harbour in an efficient and economical manner, or of facilitating the efficient and economic transport of goods by sea.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.

In accordance with paragraph 4 of schedule 3 of that Act[^f00003], the Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 2011/92/EU[^f00004] of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.

In accordance with paragraph 5 of that schedule[^f00005] the Ministers have informed the Authority in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.

Notice has been published by the Authority in accordance with the requirements of paragraph 10 of schedule 3 of that Act[^f00006].

No objections to the application have been made.

In accordance with paragraph 19(1)[^f00007] of that schedule, the Ministers have considered any representations made under paragraph 10(2)(f) of that schedule.

In accordance with paragraph 19(6) of that schedule, the Ministers have decided to make this Order with modifications which do not appear to the Ministers substantially to affect the character of the Order.

Part 1 — Preliminary

Citation and commencement

1

• (1) This Order may be cited as the Peterhead Port Authority Harbour Revision Order 2026 and comes into force on the day after the day on which it is made.

• (2) The Peterhead Port Authority Orders 1983 to 2015 and this Order may be cited together as the Peterhead Port Authority Orders 1983 to 2026.

Interpretation

2

• (1) In this Order—

• “the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 1847[^f00008],

• “the 1964 Act” means the Harbours Act 1964[^f00009],

• “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[^f00010],

• “the 1995 Act” means the Merchant Shipping Act 1995[^f00011],

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997[^f00012],

• “the 1998 Act” means the Scotland Act 1998[^f00013],

• “the 2005 Order” means the Peterhead Port Authority Harbour (Constitution) Revision Order 2005[^f00014],

• “the Authority” means Peterhead Port Authority, whose offices are located at Harbour Office, West Pier, Peterhead, Aberdeenshire AB42 1DW,

• “the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and schedule 8[^f00015] of, the 1995 Act,

• “deposited plan” means the plan referred to in articles 5 and 6 which is signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Plan” and which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,

• “harbour limits” means the limits of the port as defined in article 4,

• “harbour limits plan” means the plan signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Harbour Limits Plan” which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,

• “harbour master” means any person appointed as such by the Authority, and includes the harbour master’s duly authorised deputies and assistants and any other person for the time being authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master,

• “level of high water” means the level of mean high water springs,

• “limits of deviation” means the limits of deviation shown delineated in red on the deposited plan,

• “the Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

• “master” in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being,

• “the Ministers” means the Scottish Ministers,

• “port” means the Port of Peterhead as comprised within the harbour limits,

• “tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water,

• “undertaking” means the port undertaking for the time being of the Authority,

• “vessel” means a ship, boat, raft or craft of any description however propelled or moved, and includes a displacement craft, a non-displacement craft, a watercraft, a sea plane on the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily),

• “watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull, and

• “works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to article 5 (power to construct works) or article 7 (subsidiary works).

• (2) In this Order, all areas, directions, distances, lengths, widths, heights and grid references as stated in any description of works, powers or lands other than article 6 (power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width, height and grid reference and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

• (3) Any reference in this Order to a work identified by a number is a reference to the work of that number authorised by this Order.

Part 2 — Constitution of the Authority

Terms of office of subsequent members of the Authority

3

• (1) The 2005 Order is amended as follows.

• (2) For article 7 substitute—

(7) (1) A member appointed under article 4(1)(a) shall, unless appointed to fill a casual vacancy and, subject to articles 8 and 10 of, and paragraph 11 of, schedule 2 of, this Order, hold office for a term of— (a) three years, (b) two years, or (c) one year to be determined in accordance with article 7(2). (2) The term of office shall be determined by the Authority for each appointment, and in each case shall run from 1 January next following the appointment.

Part 3 — Duties and Powers of the Authority

Limits of port

4

• (1) The limits of the port within which the Authority exercise jurisdiction as the harbour authority within the meaning of section 57 of the 1964 Act and within which the powers of the harbour master are exercisable, are—

• (a) the seaward limits, being the area of Peterhead Bay and Peterhead Harbour shown delineated in red on the harbour limits plan, and

• (b) the port land, being the area (together with existing or future works) shown shaded pink on the harbour limits plan.

• (2) The port land referred to in paragraph (1)(b) shall be deemed to be operational land within the meaning and for the purposes of the 1992 Order and the 1997 Act[^f00016].

• (3) The limits within which the provisions of the Peterhead Port Authority Orders 1983 to 2015 and this Order and any other prior Orders are to apply shall comprise the limits of the port defined in paragraph (1), and accordingly any reference to the port or Harbour or harbour or harbours or harbour limits contained in those Orders or in any byelaws, order, regulations or directions made under them shall be construed as a reference to those limits.

Part 4 — Works

Power to construct works

5

• (1) The Authority may in the lines and situations and upon the lands indicated on the deposited plan and within the limits of deviation and according to the levels shown on the deposited plan, construct and maintain the following works, with all necessary works and conveniences connected with them—

• Work No. 1 — An extension and deepening of the existing berth pocket at Smith Quay by means of excavation, including drilling and blasting, to a depth of 10 metres below Chart Datum (“CD”), and a width of up to 30m (excluding side slopes) of that part of Smith Quay and seabed shown on the deposited plan with a seaward extent between [E413256, N845726] & [E413124, N845723].

• Work No. 2 — Reclamation by infilling up to 3,500 square metres of land to the north west of the existing Smith Quay and to the north of Work No. 4 to form an area of hardstanding and having rock armoured revetted slopes and retaining wall on the seaward side to a level of 7.2m above CD, the location of which is shown on the deposited plan with a seaward extent between [E413272, N845763] & [E413179, N845781].

• Work No. 3 — Partial demolition of the existing Smith Quay berthing dolphin (including removal of the associated walkway) at the location [E413233, N845760] shown on the deposited plan.

• Work No. 4 — Construction of an open piled jetty extension of the existing Smith Quay comprising a deck supported on piles commencing on the western end of the existing Smith Quay at a point at [E413272, N845758], extending for a distance of up to 85 metres and terminating at a point at [E413188, N845756] having a width of up to 30 metres and to a level of 6.2m above CD, the location of which is shown on the deposited plan.

• Work No. 5 — Construction of a piled mooring dolphin to a level of 6.2m above CD accessed by steel walkway extending for a distance of up to 30 metres from the western end of the new Smith Quay (Work No. 4), terminating at a point at [E413160, N845764], the location of which is shown on the deposited plan.

• (2) The Authority may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of the port and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking of the Authority, and so much of the seabed of the port and of the foreshore as may be reclaimed shall be deemed to be operational land within the meaning and for the purposes of the 1992 Order and section 215 of the 1997 Act.

• (3) The Authority may, within the limits of deviation, renew, reconstruct, extend, enlarge, replace, relay or otherwise alter the works authorised by paragraph (1) and may maintain the same as renewed, reconstructed, extended, enlarged, replaced or relaid.

Power to deviate

6

In carrying out the works authorised by article 5 (power to construct works) the Authority may—

• (a) in respect of Works Nos. 1, 2, 4 and 5, deviate laterally from the lines or situations of those works as shown on the deposited plan to any extent not exceeding the limits of deviation,

• (b) in respect of Works Nos. 2, 4 and 5, deviate vertically from the levels of the works to any extent not exceeding 3 metres upwards and to such extent downwards as may be necessary or convenient, and

• (c) in respect of Work No. 1, deviate vertically from the levels of the works to any extent not exceeding 3 metres downwards and to such extent upwards as may be necessary or convenient.

Subsidiary works

7

The Authority may from time to time within the harbour limits construct, maintain and operate, whether temporarily or permanently, such other works as may be necessary or convenient for the purposes, or in connection with or in consequence of, the construction, maintenance or use of the works, including—

• (a) works for the accommodation or convenience of vessels or for the loading and unloading of goods and the embarking and landing of passengers,

• (b) works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical lines and telecommunications apparatus,

• (c) works to remove, demolish or decommission the works as the Authority deems appropriate,

• (d) carrying out and maintaining works for the benefit or protection of persons or subjects affected by the works, and

• (e) such other works as the Authority may deem necessary or desirable to mitigate any adverse effects of the construction, installation or maintenance of the works.

Power to dredge

8

• (1) Without prejudice to any other powers which may be exercisable by the Authority within the port the Authority may, for the purposes of constructing and maintaining the works or the harbour or the port and of affording access to the port and the works by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the port as lie within the harbour limits and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the 1995 Act), from time to time dredged by them.

• (2) No such materials shall be laid down or deposited—

• (a) in contravention of the provisions of any enactment as respects the disposal of waste, or

• (b) in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Ministers.

Obstruction of works

9

Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of or in constructing or executing the works or who interferes with, damages, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Works to be deemed part of undertaking

10

The works shall be deemed for all purposes to be part of the undertaking and the Peterhead Port Authority Orders 1983 to 2026 together with all byelaws, directions, rules and regulations of the Authority for the time being in force relating to the undertaking shall apply to the works and may be enforced by the Authority accordingly.

Tidal works not to be executed without approval of the Scottish Ministers

11

• (1) A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Ministers and subject to any conditions and restrictions imposed by the Ministers before the work is begun or while work is still in progress.

• (2) If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article—

• (a) the Ministers may by notice in writing require the Authority at their own expense to remove the tidal work or any part of it and restore the site of the tidal work to its former condition, and if on the expiration of 30 days from the date when the notice is served upon the Authority they have failed to comply with the requirements of the notice, the Ministers may execute the works specified in the notice, or

• (b) if it appears to the Ministers urgently necessary to do so—

• (i) they may themselves remove, alter or reconstruct the tidal work, or any part of it and restore the site to its former condition, and

• (ii) any expenditure incurred by the Ministers in so doing shall be recoverable from the Authority as a debt.

Survey of tidal works

12

The Ministers may at any time if they deem it expedient order a survey and examination of a tidal work or a site upon which it is proposed to construct the work and any expense incurred by them in such a survey and examination shall be recoverable from the Authority as a debt.

Provision against danger to navigation

13

• (1) In the case of injury to, or destruction or decay of, a tidal work or any part thereof, the Authority shall as soon as practicable notify the Commissioners of Northern Lighthouses and the Maritime and Coastguard Agency and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses and the Maritime and Coastguard Agency shall from time to time direct.